WhatsApp privacy policy not withdrawn; the probe must go on, says CCI

The CCI said the scope of inquiry against WhatsApp has no overlap with the issue of an alleged infringement of user privacy pending before the Supreme Court.

ETtech
The Competition Commission of India Monday said that the instant messaging app WhatsApp had not yet withdrawn its updated privacy policy of 2021 and that the probe against the platform must continue.

In its submission before a division bench headed by Chief Justice Satish Chandra Sharma, CCI said that the inquiry being done by it was completely different from the issues raised in another case being heard by the Supreme Court.

The division bench of the court, which is hearing an appeal filed against a single-judge order of the Delhi HC, reserved its verdict in the case.


In January 2021, the CCI had non of its own, initiated a probe into the updated privacy policy of the messaging platform. Both Meta, then Facebook, and WhatsApp had approached the high court saying that there were similar pending cases in the high court and the Supreme Court and therefore the probe should be stopped for the time being.

Also Read | CCI probe into Whatsapp's anti-trust practices delayed as company holds back info

However, a single judge bench of the high court refused to stop the probe and then said that the CCI investigation could not be quashed just because CCI did not await the outcome of the cases before the high court and the Supreme Court.
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While Meta and WhatsApp have maintained that CCI has jumped the gun by ordering a probe into the new privacy policy even though the issue of privacy is being dealt with by the Supreme Court, the CCI had argued that it was looking into the competition aspect of the matter and not the privacy part and therefore the probe could continue.
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